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Q&As
A judgment registration can only be removed from the register if it was: • entered in error • paid before the court date • cancelled due to full payment being made within one calendar month If a judgment has not been satisfied it can only be removed from the register
Q&As
It is only possible to reseal probate documents that have been issued by a jurisdiction which falls within the Colonial
Q&As
We refer you to Practice Note: Resealing of foreign grants. Where the deceased died domiciled in a country to which the Colonial Probates Act 1892 and the Colonial Probates (Protected States and Mandated Territories) Act 1927 (together the CPAs) apply and a grant has been issued in that country, an application may be made for that grant to be resealed to administer the estate in England and Wales. Once resealed, the grant has the same power and effect to administer the estate in England and Wales as if it had been made by a court in this jurisdiction. The district judge or registrar may accept
Q&As
It is only possible to reseal in England and Wales probate documents that have been issued in a jurisdiction which falls within the Colonial Probates Act 1892 (CPA 1892) and the Colonial Probates (Protected States and Mandated Territories) Act 1927 (together the CPAs). Ireland
Q&As
The four requirements for the creation of a valid easement are set out in Re Ellenborough Park as follows: • there must be a dominant and a servient tenement • an easement must accommodate the dominant tenement • dominant and servient owners must be different persons • a right over land cannot
Q&As
This Q&A presumes that maintenance has been paid as a result of an assessment by the Child Support Agency (CSA) or Child Maintenance Service (CMS). A situation may arise whereby an application for a maintenance calculation is made and the (alleged) non-resident parent (NRP) does not agree that they are the child’s father. When making a maintenance calculation, the statutory agency will ask the NRP whether they accept that they are the parent of the child. The Child Maintenance and Enforcement Commission was abolished in July 2012 and the statutory scheme is now administered by the Department for Work and Pensions (DWP), which has established the CMS. The DWP intended to migrate all assessments to the CMS by the end of 2017, at which point the CSA would cease to have any jurisdiction. See Practice Note: Child support—respective jurisdictions of the Child Maintenance Service and the court as to cases dealt
Q&As
A statutory demand is a demand for payment of a debt due to a creditor by a debtor. Where a statutory demand is served on a company and the debt is neither paid, secured or compounded for within 21 days, then the company is deemed by section 123(1) of the Insolvency Act 1986 (IA 1986) to be unable to pay its debts and is therefore susceptible to that creditor presenting a winding-up petition against the company in court. The service of a statutory demand is not, however, the only ‘gateway’ allowing a creditor to present a winding-up petition against the company. For further reading, see Practice Note: What is a statutory demand? A statutory demand is not a document issued by the court,
Q&As
Section 24 of the Limitation Act 1980 (LA 1980) states that an action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. An ‘action' in this context means any fresh proceedings (for example, to enforce a foreign judgment under the common law—see para [41] of Tasarruf Mevduati Sigorta Fonu v Demirel) brought in connection with a judgment, and the six years will start from the date on which the judgment or order became enforceable. However, as made clear in Lowsley v Forbes,
Q&As
A tenant who holds a long lease of a flat has a statutory right (subject to compliance with statutory qualifying criteria) to a 90-year extension of the lease under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), on broadly the same terms as the existing lease for a peppercorn rent, upon payment of a premium. The right to a lease extension is exercisable by a tenant of a flat who satisfies the qualifying criteria under Chapter II of LRHUDA 1993,
Q&As
The time limits for serving the claim form are set out in CPR 7.5 and there is no express requirement that multiple defendants must be served at the same time. In fact, there are a number of provisions in the CPR which suggest that service of defendants on different days is permitted within the rules:
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Section 23 of the Landlord and Tenant Act 1927 (LTA 1927), which deals with service of notices under the Landlord and Tenant Act 1954 (LTA 1954) is incorporated into LTA 1954 by LTA 1954, s 66. LTA 1927, s 23 contains permissive service provisions, which may be used in addition to any other methods of service (eg contractual methods). However, the benefit of using one of the methods of service permitted by LTA 1927, s 23 is that
Q&As
The claim form A claim for judicial review in the Administrative Court must be started by issuing the claim form in the prescribed form (see form N461 which has embedded guidance notes, including guidance on filing). For further reading on the claim form requirements, see CPR 54.6 and Practice Note: Judicial review—how to start proceedings. The claim form should be filed with the required accompanying documents and the applicable fee. If the fee is not paid and claim form is returned, it will not have been issued for the purpose of the time limit for bringing judicial review proceedings. See Practice Notes: Judicial review—time limits and the pre-action protocol and Judicial review time limits—extensions and urgent cases. Certain fees for judicial review claims recently increased. The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016, SI 2016/807 came into force on 25 July 2016, bringing into effect court fee increases in civil proceedings,